In May, a jury found that Choke Canyon’s green alligator logo violated state and federal trademark law by infringing on Buc-ee’s beaver. The firm’s Chris Schwegmann tells Law360 that he was shocked by the jury’s verdict. He adds that clients have copied products without breaking the law, and he’s won cases arguing the intent to copy isn’t intent to confuse. “Here’s the problem: It’s not unlawful to compete. Intent to compete is not the same as intent to confuse,” he said. “So you can copy lots of things provided it doesn’t infringe other IP.”
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